HC Deb 22 March 1989 vol 149 cc662-3W
Mrs. Margaret Ewing

To ask the Secretary of State for Scotland whether the Scottish legal aid board will be authorised to pay legal aid accounts in cases where prior to the commencement of the Legal Aid (Scotland) Amendment (No. 3) Regulations, work carried out by the solicitor had the effect of bringing proceedings to an end before a full section 1 application was determined.

Lord James Douglas-Hamilton

In terms of a determination under section 4(2)(c) of the Legal Aid (Scotland) Act 1986, as amended, dated 29 July 1988, the Scottish legal aid board may make payments under specified conditions in cases where full civil legal aid is not made available.

Mrs. Margaret Ewing

To ask the Secretary of State for Scotland, which date will be fixed by the Scottish legal aid board as the date of notification by a solicitor that the £60 limit has been exceeded, under the terms of the Advice and Assistance (Scotland) Prospective Cost (No. 3) Regulations, 1988.

Lord James Douglas-Hamilton

The date of the solicitor's letter notifying the Scottish legal aid board that the £60 limit has been exceeded.

Mrs. Margaret Ewing

To ask the Secretary of State for Scotland what guidance is given concerning any provisions there are for payment in full of legal aid to solicitors, under the Civil Legal Aid (Scotland) Amendment (No. 2) and (No. 3) Regulations 1988, where work is undertaken in good faith for a client who was believed to be eligible for legal aid; and from whom it was agreed to accept payment by instalments towards his estimated legal aid contribution, on which the client subsequently defaults after legal aid has been refused.

Lord James Douglas-Hamilton

In a letter to the profession dated 5 August 1988, and in the winter 1988 edition of its quarterly journalThe Recorder, the Scottish legal aid board has advised solicitors to make such arrangements with clients as will protect them against the possibility of a refusal by the client to pay, noting that this is ultimately a matter between solicitor and client.